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Madras Presidency - Section

Section 95 in Madras Estates Land Act, 1908

95. Procedure on receipt of application.

(1)Immediately on receipt of such application and fee, the sale officer shall send a copy of the application and of the list or description mentioned in section 79 to the Collector and shall serve a notice on the defaulter, requiring him either to pay the amount demanded, or to institute a suit before the Collector to contest the distraint within fifteen days from the date of the service of the notice.
(2)In the case provided for in sub-section (2) of section 79, similar notice shall be served on the cultivator [or owner who may also file a suit before the Collector to contest the distraint within fifteen days from the date of the service of such notice] [Added by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).].
(3)The sale officer shall by order fix a date for the sale which shall not be less than fifteen days from the date of service of the notice under sub-section (1) or sub-section (2), as the case may be, and shall cause it to be proclaimed by beat of drum in the village where the distrained property is; he shall also post a copy of his order in some conspicuous place in the village [and communicate it in person or by post to the defaulter and to the cultivator or owner] [Added by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).].In fixing the date of sale, not less than seven days shall be allowed from the date of the aforesaid proclamation.
(4)The notice and proclamation shall specify -
(a)the property to be sold;
(b)the amount mentioned in the application under section 93; and
(c)the time and place at which the sale is to be held.
(5)[ If, for any reason, the sale officer is unable to hold the sale on the date fixed under sub-section (3), he may, by order, adjourn the sale to another day. Such order shall be proclaimed and posted in the village in the same manner as an order under sub-section (3). A copy of such order shall be delivered in person or sent by post to the defaulter and to the cultivator or owner.] [Sub-section (5) was added by section 56(iii) of the Madras Estates Land (Amendment) Act, 1934.]